ILR under 10 years + Dependends

[msvayani]

Hi to all,

I am regular visitor on this form and appreciate help provided by seniors and other contribution to individual who is seeking information about their respective application. Today I want to discuss my case with all of you and seek advice.

Currently I am on T1 General and it will expire on 3rd March 2015 and then I am due for ILR.

But I will complete my lawful residence in UK under 10 rules on 5th October 2013. And I need help regarding my case.

Brief Summary and queries about case is as follow:

1. I came to UK on 05th October 2003 on Student visa (Entry Clearance). I have never been overstayed or submit late application. And same I have reconfirmed with my SAR file. Now Should I apply for ILR on or after 7th September 2013 or wait till 05th October 2013??

2. I have all my passports with pervious visas. Is it enough to prove my lawful residency and continuity OR do I need to gather any other prove for last 10 years such as Bank Statements, Council Letters, Medical records etc.

3. What documents should I submit with my application? As per my understanding, it’s all of my 3 passports, 2 photo graphs, application form (SET O) and at least last 3 months bank statements & pay slips and lastly Life in the UK Test Certificate.

4. In last 9 and half years, I have been on holidays for approx 280 days which is nearly 10 months but never stayed outside UK for more than 65 days in one single trip. What is allowable absence under 10 years rule? Is it 6 months or 18 months?

Dependent – Wife

My wife joined me in November 2009. Could you please advice about her case as well.

5. Is it ok for her to do Life in the UK test now with me rather than ESOL with Citizenship contents?

6. When I apply for my ILR, should I submit her ILR application or FLR (M) at the same time? What is right and cost effective way to get ILR for her given she will have completed near 4 years in the UK with me by the time I apply for my ILR.

Dependent – Son (Born in Feb 2011 in UK).

7. What should I do about my Son? He has born in UK and then I got T1 Dependent Visa for him which has been subsequently extended further in line with my T1 General till March 2015 last week. Should I just simply apply for British Nationality once I get my ILR?

Kindly reply to my post or share your experience. Thanks for your time and I appreciate you help.

Regards

MSV

[msvayani]

Any one please?

[solospy]

Hi to all,

I am regular visitor on this form and appreciate help provided by seniors and other contribution to individual who is seeking information about their respective application. Today I want to discuss my case with all of you and seek advice.

Currently I am on T1 General and it will expire on 3rd March 2015 and then I am due for ILR.

But I will complete my lawful residence in UK under 10 rules on 5th October 2013. And I need help regarding my case.

Brief Summary and queries about case is as follow:

1. I came to UK on 05th October 2003 on Student visa (Entry Clearance). I have never been overstayed or submit late application. And same I have reconfirmed with my SAR file. Now Should I apply for ILR on or after 7th September 2013 or wait till 05th October 2013??

2. I have all my passports with pervious visas. Is it enough to prove my lawful residency and continuity OR do I need to gather any other prove for last 10 years such as Bank Statements, Council Letters, Medical records etc.

3. What documents should I submit with my application? As per my understanding, it’s all of my 3 passports, 2 photo graphs, application form (SET O) and at least last 3 months bank statements & pay slips and lastly Life in the UK Test Certificate.

4. In last 9 and half years, I have been on holidays for approx 280 days which is nearly 10 months but never stayed outside UK for more than 65 days in one single trip. What is allowable absence under 10 years rule? Is it 6 months or 18 months?

Dependent – Wife

My wife joined me in November 2009. Could you please advice about her case as well.

5. Is it ok for her to do Life in the UK test now with me rather than ESOL with Citizenship contents?

6. When I apply for my ILR, should I submit her ILR application or FLR (M) at the same time? What is right and cost effective way to get ILR for her given she will have completed near 4 years in the UK with me by the time I apply for my ILR.

Dependent – Son (Born in Feb 2011 in UK).

7. What should I do about my Son? He has born in UK and then I got T1 Dependent Visa for him which has been subsequently extended further in line with my T1 General till March 2015 last week. Should I just simply apply for British Nationality once I get my ILR?

Kindly reply to my post or share your experience. Thanks for your time and I appreciate you help.

Regards

MSV

1. You can apply for your ILR 28 days before the completion of 10 years.
2. As long as you have all your passports covering the last 10 years, you dont need to provide any other documents.
3. You dont need to provide your bank statements or payslips other 10 years rule.
4. Total 900 days over 10 years and not more then 90 days in one trip is allowable.
5. Under 10 years rule, dependends cant apply on teh same form. Your wife needs to apply on FLR(M) form and she needs to meet minimum Level A1 english requirement. Life in teh UK test is not required (But you need to be mindfull of the new rules coming in Oct of Minimum Level B1 and Life in the Uk test )
6. see above.
7. you can skip your sons application and acan apply for her registration as Uk citizen once you get ILR

[msvayani]

Thanks solospy for quick reply,

Just one about point 5.

Is it necessary for my wife to apply FLR (M) either at the same time of my ILR application or once I receive my ILR? Someone told me that from 9th July 2012 rules has been changed and according to new rule my wife need to wait till I get my ILR and once I get my ILR she can then apply for her ILR give that she will have already completed her nearly 4 years in this country with me.??? Kindly confirm if that's right or not??

Regards
MSV

[solospy]

Thanks solospy for quick reply,

Just one about point 5.

Is it necessary for my wife to apply FLR (M) either at the same time of my ILR application or once I receive my ILR? Someone told me that from 9th July 2012 rules has been changed and according to new rule my wife need to wait till I get my ILR and once I get my ILR she can then apply for her ILR give that she will have already completed her nearly 4 years in this country with me.??? Kindly confirm if that's right or not??

Regards
MSV

Your wife cannot apply for ILR straight away. She has to apply as a spouse of a settled person once you get your ILR on form FLR(M). Then she needs to cmplete 5 years as spouse of a settled person and then apply for ILR. Staying with you as spouse under Tier 1 wont count only if you are applying under 10 years rule. It will be counted if you apply under 5 years Tier 1 rule.

[msvayani]

Hi

Can anyone shed light on it as well. As I am quite surprise with this new rule for dependent waiting for 5 years.

regards

MSV

[Tier 4]

Hi

Can anyone shed light on it as well. As I am quite surprise with this new rule for dependent waiting for 5 years.

regards

MSV

http://www.immigrationboards.com/viewtopic.php?t=105162

Here is some light

[Tier 4]

Effect of changes to immigration rules being introduced on 09-Jul-12 and qualifying residence period for settlement

For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) .... before 09-Jul-12, then:
1. if you need to switch to FLR(M) and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.

[Tier 4]

Scenario 1
A Tier 1 (PSW) migrant has been granted settlement under long residence. He has a dependant, now on FLR(M) leave, who has lived in the UK for 1 year as a Tier 1 (PSW) dependant and 1 year as spouse of settled person. Assuming all other relevant requirements are met, can the dependant now apply for settlement because requirement specified under 287(a)(i)(d) or 287(a)(i)(e), as the case may be, is fulfilled?

Scenario 2
A Tier 4 migrant has been granted settlement under long residence. Assuming all other relevant requirements are met, can his dependant who has recently switched to FLR(M) leave and has has lived in the UK as a Tier 4 dependant for 2 years now apply for settlement because requirement specified under 287(a)(i)(d) or 287(a)(i)(e), as the case may be, is fulfilled?
-------------------



Response received from UKBA:
------------------------------------
Thank you for your email.


Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” is i.e. a migrant granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

Regards

Pat
Settlement Operational Policy

[msvayani]

Effect of changes to immigration rules being introduced on 09-Jul-12 and qualifying residence period for settlement

For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) .... before 09-Jul-12, then:
1. if you need to switch to FLR(M) and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.

It means that she will need to wait just 2 years (not 5 years) after FLR (M) because for the very first time she became PBS dependent is in October 2009 (well before 9 July 2012)??

Also Does this period between 2009 to 2013 not satisfy 2 years qualifying period requirement??

[wpilr_nov12]

PBS dependents do not get those PBS dependent privileges for ILR application if the primary/sponsor did not get ILR via the PBS route.

[msvayani]

PBS dependents do not get those PBS dependent privileges for ILR application if the primary/sponsor did not get ILR via the PBS route.

Ok. What the suggestions are.

1. Should I wait till 2015 and apply for ILR so that my wife qualify with me.

or

2. Should I apply in 2013 and don't change wife visa from PBS dependent to FLR(M) (Her current visa will expire in 2016). and once she completes 5 years as PBS Dep in 2015 then I should apply ILR for her

Regards
MSV

[wpilr_nov12]

When did you go into T1 General?

[msvayani]

When did you go into T1 General?

Initial Application on 3rd March 2010.

Ext. Applicaiton on 1st Feb 2013 (New Visa expires on 1st Feb 2016)

She joined me in UK as PBS dependent in 2009 (PBS PSW Dep)

Regards
MSV

[wpilr_nov12]

I am no expert on this, but I am reading Rule 287(a)(i)(a), it says spouse needs to be in 'Spouse of a Settled person for 2 years', and that is 2 years from when you get your ILR, which is currently 7-10 months from application.

[msvayani]

I am no expert on this, but I am reading Rule 287(a)(i)(a), it says spouse needs to be in 'Spouse of a Settled person for 2 years', and that is 2 years from when you get your ILR, which is currently 7-10 months from application.

Any oneelse???

[awais77ak]

On 13th of June 2003 I came to UK as a student. My current Tier 4 student visa is expiring on 7th of June 2013. On 13th of June 2013 I will complete continuous ten years in UK. To complete ten years I am six days short. During this period I was out of UK for only one month. I want to know that at the end of my current leave can I apply for indefinite leave on the basis of long residence or I should cover six days in student visa or work permit.

[Tier 4]

On 13th of June 2003 I came to UK as a student. My current Tier 4 student visa is expiring on 7th of June 2013. On 13th of June 2013 I will complete continuous ten years in UK. To complete ten years I am six days short. During this period I was out of UK for only one month. I want to know that at the end of my current leave can I apply for indefinite leave on the basis of long residence or I should cover six days in student visa or work permit.

You can apply 28 days in advance, however 3C leave will expand your current stay of Tier 4 till your ILR decide.

[DrFixit]

From whati have read, you can not stay for more than 180 days and 18 months in total.

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:

 been absent from the UK for a period of more than six months at any one time, or is
absent from the UK for a shorter period but does not have valid leave to enter the UK
on their return, or valid leave to remain on their departure from the UK
 spent a total of 18 months outside the UK throughout the whole 10 year period.

https://www.google.co.uk/search?q=10+ye ... e&ie=UTF-8[/quote]

[Amber]

Hi Seniors

I am about to submit my SET (LR) application and want to do final check before I post.

I am here since 2003 started as student and currently on T1 Gen. All extension application have been in time and never been refused. Absence out of UK is very minimum.

I am submitting following documents.

1. Application form SET (LR)
2. Two photographs
3. Life in the UK pass certificate
4. All passports
5. Bio-metric Card.
6. Letter from bank confirming that I have an account with them since 2003.

Do I need to submit anything else???

I do have different paper work one for each year since 2003. i.e. motor insurance, college letter, HO letters, Council Tax bills, credit report, NI contribution letter for 7 years. and many others. My concern is that I might make things complicated but If you think these item might help and speed up process then I will include.

Any help and advice is much appreciated.

Regards
MSV

[msvayani]

??

[Amber]

If the passport(s) covers the 10 years, seems ok.